TURNAGE, Judge.
Defendant was convicted of driving while intoxicated in violation of § 564.440, RSMo 1969. Since the charge was a misdemeanor, he was tried originally in the magistrate court and after being convicted there, appealed to the circuit court. On trial de novo, the court, sitting without a jury, found defendant guilty and assessed a fine of $200.
The charge originated on January 25, 1972, when Trooper Meade of the Highway Patrol observed defendant...
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